Legal Question in Criminal Law in California

Can the police come to my home and make me go with them and take a drug test just on the word of another person saying I was using drugs without proof and I have never been in trouble for drugs before?


Asked on 10/20/10, 7:00 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

No. Don't ever go anywhere with the police unless you're under arrest. Never consent to a search, never answer questions (by that I mean say NOTHING AT ALL TO THE POLICE), and never agree to a "drug test." Tell them you plead the Fifth and you want a lawyer.

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Answered on 10/25/10, 9:40 pm
Anthony Roach Law Office of Anthony A. Roach

Police are generally required to have a warrant to come to your home and arrest you. You don't ever have to go with them voluntarily. You have the right to have a lawyer present during police questioning, and if they want to talk to you, invoke your right to remain silent and to have your lawyer present.

Be careful about refusing a drug test in custody. There are jury instructions in criminal law that allow the prosecutor to use the evidence of your refusal to submit to a drug test as proof of your guilt. I tend to advise clients who maintain their innocence and refuse to drug tests to submit to drug testing with a private accredited lab.

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Answered on 10/26/10, 3:40 pm


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